HomeMy WebLinkAbout03-16-2011 City Council Minutes MINUTES
SARATOGA REGULAR CITY COUNCIL MEETING
MARCH 16, 2011
The City Council met in Closed Session in the Administrative Conference Room at 5:OOPM.
ANNOUNCEMENT OF CLOSED SESSION
Conference with Labor Negotiators -
Agency designated representatives: Dave Anderson
Employee organizations: Saratoga Managers Organization, Saratoga Employees
Association, Northern California Carpenters Regional Council
MAYOR'S REPORT ON CLOSED SESSION
Mayor Miller noted Council would be returning to Closed Session at the conclusion of the
Regular Meeting.
The City Council held a Joint Meeting in the Saunders Room at 5:30 p.m. with members of
the School Districts serving the Saratoga community.
Mayor Miller called the Regular City Council meeting to order at 7:00 p.m. and lead the
Pledge of Allegiance.
ROLL CALL
PRESENT: Councilmembers Emily Lo, Jill Hunter,Vice Mayor Chuck Page, and
Mayor Howard Miller
ABSENT: Manny Cappello
ALSO Dave Anderson, City Manager
PRESENT: Richard Taylor, City Attorney
Aim Sullivan, City Clerk
Barbara Powell, Assistant City Manager
Mary Furey, Administrative Services Director
John Cherbone, Public Works Director
Michael Taylor, Recreation Director
Kate Bear, City Arborist
Cynthia McCormick, Assistant Planner
At this time Mayor Miller stated he would like to call for a moment of silence in recognition
of the people of Japan who are enduring much sadness and tragedies as a result of the recent
earthquake and tsunami.
Mayor Miller also announced that he is in the process of drafting a letter to the Mayor of
Sister City, Muko -Shi, Japan, and that it will be written in both Japanese and English
languages.
REPORT OF CITY CLERK ON POSTING OF AGENDA
City Clerk Ann Sullivan reported that pursuant to Government Code 54954.2, the agenda for
the meeting of March 16, 2011 was properly posted on March 11, 2011.
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Mayor Miller stated the Council met with representatives of the various school districts
serving the Saratoga community prior to the Regular meeting. He noted this annual meeting
is a great opportunity to speak about points of collaboration and areas of concern regarding
various schools serving the Saratoga community. He added the number one concern for the
majority of the schools is their budget.
COUNCIL DIRECTION TO STAFF
None
ORAL COMMUNICATIONS ON NON - AGENDIZED ITEMS
Ann Waltonsmith addressed the Council regarding Sister City, Muko Shi, Japan. She noted
the Saratoga Sister City organization is collecting household items and clothing to send to
Japan. In addition, they are also accepting monetary donations and stated anyone wishing to
donate money can write a check to Saratoga Sister City, P.O. Box 796, Saratoga, CA 95070.
They should also write "Relief Fund" in the "Memo" section on the check.
Ms. Waltonsmith announced Hakone Gardens has scheduled a fundraising vigil on March
24 at 6:30 p.m. She invited people to visit www.hakone.us and click on the Japanese Red
Cross link for additional information regarding the Japanese relief efforts.
COUNCIL DIRECTION TO STAFF
Vice Mayor Page asked that staff post the Japanese Relief effort and donation information on
the City website.
ANNOUNCEMENTS
Councilmember Hunter announced the Pet Parade event in the Village on April 16 from
10:00 a.m. to 12:00 noon.
Councilmember Lo announced that Montalvo Arts Center is hosting a Saratoga Chamber of
Commerce Mixer event on Thursday, March 17 from 5:30 to 7:00 p.m.
Mayor Miller announced the Saratoga Music Boosters is having their annual Jazz Cabaret at
Saratoga High School on Saturday, March 19 at 7:00 p.m.
CEREMONIAL ITEMS
1. COMMENDATION HONORING OUTGOING HERITAGE PRESERVATION
COMMISSIONER HONG TAI
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STAFF RECOMMENDATION:
Read and present commendation.
Commissioner Hong Tai was unable to attend the meeting.
2. COMMENDATION HONORING OUTGOING TRAFFIC SAFETY
COMMISSIONER MITCH KANE
STAFF RECOMMENDATION:
Read and present commendation.
Mayor Miller invited Mitch Kane and family members up on stage for presentation of his
commendation.
3. COMMENDATION HONORING OUTGOING PLANNING COMMISSIONER
LINDA RODGERS
STAFF RECOMMENDATION:
Read and present commendation.
Mayor Miller invited Ms. Rodgers and family members up on stage for the presentation
of her commendation.
4. APPOINTMENT OF PLANNING, HERITAGE PRESERVATION, TRAFFIC
SAFETY, AND LIBRARY COMMISSIONERS AND OATHS OF OFFICE
STAFF RECOMMENDATION:
Adopt the attached resolution appointing two (2) members to the Planning Commission,
one (1) member to the Heritage Preservation Commission, four (4) members to the
Traffic Safety Commission, and one (1) member to the Library Commission, and direct
the City Clerk to administer the Oaths of Office.
RESOLUTION NO. 11— 012
HUNTER/PAGE MOVED TO ADOPT THE ATTACHED RESOLUTION
APPOINTING TWO (2) MEMBERS TO THE PLANNING COMMISSION, ONE
(1) MEMBER TO THE HERITAGE PRESERVATION COMMISSION, FOUR (4)
MEMBERS TO THE TRAFFIC SAFETY COMMISSION, AND ONE (1)
MEMBER TO THE LIBRARY COMMISSION, AND DIRECT THE CITY
CLERK TO ADMINISTER THE OATHS OF OFFICE. MOTION PASSED 4 -0 -1
WITH COUNCILMEMBER CAPPELLO ABSENT.
City Clerk Ann Sullivan administered the Oath of Office to the newly appointed
commissioners.
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SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
5. CITY COUNCIL REGULAR MEETING MINUTES — MARCH 2, 2011
STAFF RECOMMENDATION:
Approve minutes.
PAGE /HUNTER MOVED TO APPROVE CITY COUNCIL REGULAR MEETING
MINUTES — MARCH 2, 2011. MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER
CAPPELLO ABSENT.
6. REVIEW OF ACCOUNTS PAYABLE CHECK REGISTERS
STAFF RECOMMENDATION:
That the City Council review and accept the check registers for the following accounts
payable cycles:
February 28, 2011
March 3, 2011
PAGE/HUNTER MOVED TO ACCEPT THE CHECK REGISTERS FOR THE
FOLLOWING ACCOUNTS PAYABLE CYCLES: FEBRUARY 28, 2011 AND
MARCH 3, 2011. MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER CAPPELLO
ABSENT.
7. TREASURER'S REPORT FOR THE MONTH ENDED FEBRUARY 28, 2011
STAFF RECOMMENDATION:
Review and accept the Treasurer's Report for the month ended February 28, 2011.
PAGE /HUNTER MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE
MONTH ENDED FEBRUARY 28, 2011. MOTION PASSED 4 -0 -1 WITH
COUNCILMEMBER CAPPELLO ABSENT.
8. APPROVAL OF AGENCY AGREEMENT FOR COUNTYWIDE AB 939
IMPLEMENTATION FEE
STAFF RECOMMENDATION:
Accept report, and authorize the City Manager to approve the Agency Agreement with
the County of Santa Clara for the Countywide AB939 Implementation Fee.
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PAGE /HUNTER MOVED TO AUTHORIZE THE CITY MANAGER TO
APPROVE THE AGENCY AGREEMENT WITH THE COUNTY OF SANTA
CLARA FOR THE COUNTYWIDE AB939 IMPLEMENTATION FEE.
MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER CAPPELLO ABSENT.
PUBLIC HEARINGS
9. PUBLIC HEARING ON RESOLUTION ORDERING THE ABATEMENT OF A
PUBLIC NUISANCE BY REMOVAL OF HAZARDOUS VEGETATION
(WEEDS)
STAFF RECOMMENDATION:
Open public hearing; listen to public testimony; and close public hearing. Consider any
objections to proposed Order for Abatement of Hazardous Vegetation and sustain or
overrule any objections as to specific properties. Adopt proposed Resolution Ordering
Abatement (Attachment A) as to properties listed (with modification(s) if any objections
are sustained).
City Clerk Ann Sullivan presented the staff report.
Mayor Miller opened the Public Hearing and invited public comment.
No one requested to speak on this item.
Mayor Miller closed the Public Hearing.
RESOLUTION NO. 11— 013
PAGE /HUNTER MOVED TO ADOPT PROPOSED RESOLUTION ORDERING
ABATEMENT (ATTACHMENT A) AS TO PROPERTIES LISTED (WITH
MODIFICATION(S) IF ANY OBJECTIONS ARE SUSTAINED). MOTION
PASSED 4 -0 -1 WITH COUNCILMEMBER CAPPELLO ABSENT.
10. FY 2011/12 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
COMMUNITY GRANT FUNDING APPLICATIONS
STAFF RECOMMENDATION:
1. Make a decision regarding CDBG recommendations and Community Grant
allocations.
2. Approve a transfer of all remaining SHARP funds and outstanding loans in order to
meet the timeliness ratio and avoid losing future funding.
Assistant Planner Cynthia McCormick presented the staff report.
Ms. McCormick noted the total available amount for ADA projects was expected to be
$85,697.
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The City received two requests for the entire amount — Saratoga Historical Foundation
requested $6,200 and the City of Saratoga Recreation and Facilities Department
requested $79,497.
She added the City received seven applications for Community Service Programs for a
total request of $73,677.85. The Saratoga Area Senior Coordinating Council requested
$34,000; West Valley Community Services requested $15,164; Santa Clara County
Family Health Foundation requested $9,288; Shady Shakespeare Theater Company
requested $5,000; Catholic Charities requested $5,000; KSAR requested $3,100; and the
Wildlife Center of Silicon Valley requested $2,125.85.
Ms. McCormick added that in addition to deciding how much to allocate to each of the
applicants, Council should devise a contingency plan since CDBG funding is subject to
change. In addition, she stated Council should make a decision regarding the transfer of
all remaining SHARP funds and outstanding loans to the Santa Clara County Housing
and Rehabilitation Program in order to meet the required HUD timeliness ratio and avoid
losing future funding.
Mayor Miller opened the Public Hearing and invited public comment.
The following people requested to speak on this item:
Tom Moran spoke on behalf of KSAR — Channel 15.
Kathleen King spoke on behalf of Santa Clara County Family Health Foundation
(SCFHF) Healthy Kids Program.
Susan Huff spoke on behalf of Saratoga Area Senior Coordinating Council — Adult Day
Care (SASCC ADC).
No one else requested to speak on this item.
Mayor Miller closed the Public Hearing.
PAGE /LO MOVED TO APPROVE A TRANSFER OF $118,172.77 IN UNUSED
SHARP FUNDS, $26,000 IN UNUSED SHARP ADMINISTRATION FUNDS, AND
ANY OUTSTANDING LOANS TO THE UNINCORPORATED HOUSING
REHABILITATION PROGRAM. MOTION PASSED 4 -0 -1 WITH
COUNCILMEMBER CAPPELLO ABSENT.
PAGE /HUNTER MOVED TO ACCEPT STAFF RECOMMENDATION FOR
FUNDING ALLOCATIONS OF $6,200 TO THE SARATOGA HISTORICAL
FOUNDATION FOR ADA RAMP AT THE MUSEUM STORAGE BUILDING
AND $79,497 TO THE CITY OF SARATOGA RECREATION AND FACILITIES
DEPARTMENT FOR ADA PUBLIC COUNTERS AND SIGNAGE. MOTION
PASSED 4 -0 -1 WITH COUNCILMEMBER CAPPELLO ABSENT.
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PAGE /LO MOVED TO ALLOCATE $31,900 TO SASCC ADULT DAY CARE
PROGRAM. MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER CAPPELLO
ABSENT.
RESOLUTION NO. 11 -014 CDBG FUNDING
Public Service Grant:
o SASCC Adult Daycare $31,900.00
CDBG Capital Projects:
o Saratoga Historical Foundation $ 6,200.00 ADA Ramp — Museum Storage Bldg.
o City of Saratoga $79,497.00 ADA — City of Saratoga Public
Counters & Signage
At 8:30PM Mayor Miller declared a 5 minute break.
Mayor Miller reconvened the Regular Meeting at 8:40PM.
Council resumed their discussion regarding the Community Grant allocations.
HUNTER/LO MOVED TO ACCEPT THE ALLOCATION OF FUNDING AS
AGREED UPON FOR A TOTAL OF $31,900.00. MOTION PASSED 4 -0 -1 WITH
COUNCILMEMBER CAPPELLO ABSENT.
RESOLUTION NO. 11— 015 COMMUNITY GRANT FUNDING
Catholic Charities $ 4,125.00
WV Community Services $14,691.00
SASCC Adult Care Center $ 1,422.00
Shady Shakespeare $ 1,375.00
Wildlife Center $ 1,425.00
KSAR $ 1,825.00
SC Family Health Foundation $ 7,037.00
TOTAL $31,900.00
COUNCIL CONTINGENCY PLAN:
PAGE/ HUNTER MOVED TO ALLOW STAFF TO MAKE ADMINISTERIAL
ADJUSTMENTS DEPENDING UPON THE EXACT AMOUNT OF MONEY
THAT IS APPROVED BY HUD AND BY THE COUNTY IF NECESSARY.
MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER CAPPELLO ABSENT.
At this time Mayor Miller invited the two San Jose State college students that were in the
audience to come up on stage.
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OLD BUSINESS
11. SUMMERHILL CREEKSIDE HOMES POLLUTION LEGAL LIABILITY
COVERAGE OPTIONS
STAFF RECOMMENDATION:
Staff recommends the Council authorize staff to amend the SummerHill Subdivision
Improvement Agreement (SIA) to replace the Pollution Legal Liability (PLL) insurance
requirement with alternative terms described in the Staff Report.
City Attorney Richard Taylor presented the staff report. Mr. Taylor noted that Council
received a revised Agreement prior to the start of the Regular Meeting and that would be
the agreement that Council would be voting on this evening.
Mayor Miller invited public comment.
No one requested to speak on this item.
Mayor Miller closed the public comment.
PAGE /LO MOVED TO AUTHORIZE STAFF TO AMEND THE NEWLY
SUBMITTED SUMMERHILL SUBDIVISION IMPROVEMENT AGREEMENT
(SIA) TO REPLACE THE POLLUTION LEGAL LIABILITY (PLL)
INSURANCE REQUIREMENT WITH ALTERNATIVE TERMS DESCRIBED IN
THE STAFF REPORT. MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER
CAPPELLO ABSENT.
12. APPROVAL OF AGENCY AGREEMENT FOR THE COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
STAFF RECOMMENDATION:
Accept report and authorize:
1. The City Manager to approve the Agency Agreement with the County of Santa Clara
for the Countywide Household Hazardous Waste (HHW) Collection Program;
2. Staff to increase the funding augmentation for the HHW Program from its current
level of $40,000, to a recommended level of $50,000 for FY 2011 -12.
Assistant City Manager Barbara Powell presented the staff report.
Mayor Miller invited public comment.
No one requested to speak on this item.
Mayor Miller closed the public comment.
PAGE /HUNTER MOVED TO AUTHORIZE THE CITY MANAGER TO
APPROVE THE AGENCY AGREEMENT WITH THE COUNTY OF SANTA
CLARA FOR THE COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
(HHW) COLLECTION PROGRAM. MOTION PASSED 4 -0 -1 WITH
COUNCILMEMBER CAPPELLO ABSENT.
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PAGE /HUNTER MOVED TO AUTHORIZE STAFF TO INCREASE THE
FUNDING AUGMENTATION FOR THE HHW PROGRAM FROM ITS
CURRENT LEVEL OF $40,000, TO A RECOMMENDED LEVEL OF $50,000
FOR FY 2011 -12 — FUNDED BY THE ENVIRONMENTAL FUND. MOTION
PASSED 4 -0 -1 WITH COUNCILMEMBER CAPPELLO ABSENT.
13. REPORT TO COUNCIL ON CRITERIA AND PROCESS FOR ADOPTING
HERITAGE TREES
STAFF RECOMMENDATION:
Adopt the attached resolution, thereby creating a process and criteria for the designation
of heritage trees in Saratoga.
City Arborist Kate Bear presented the staff report.
Mayor Miller invited public comment.
Paul Hernandez requested to speak on this item.
No one else requested to speak on this item.
Mayor Miller closed the public comment.
RESOLUTION NO. 11 - 016
PAGE /HUNTER MOVED TO ADOPT RESOLUTION CREATING PROCESS
AND CRITERIA FOR THE DESIGNATION OF HERITAGE TREES IN
SARATOGA WITH ONE MODIFICATION IN ITEM 2. HERITAGE TREE
CRITERIA — THAT THE TREE MUST MEET AT LEAST TWO CRITERIA
FROM BOTH `A' AND `B'. MOTION PASSED 4 -0 -1 WITH COUNCILMEMBER
CAPPELLO ABSENT.
DIRECTION TO STAFF:
Council directed staff to bring this item back for additional Council discussion in the
event that this program is costing significant staff time and dollars. In addition, Council
directed staff to create an application form that contains a section for contact information
and location of the tree, space for the applicant to state why they should be considered for
Heritage status, and a section for the City Arborist to complete, documenting how the tree
meets the criteria for Heritage status.
NEW BUSINESS
14. COMMENTS ON PROPOSED CHANGES TO 408 AREA CODE
STAFF RECOMMENDATION:
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Accept report and authorize the Mayor to submit comments to the State of California
Public Utilities Commission (CPUC) concerning proposed changes to the 408 area code.
Assistant City Manager Barbara Powell presented the staff report.
Mayor Miller invited public comment.
Paul Hernandez requested to speak on this item.
No one else requested to speak on this item.
Mayor Miller closed the public comment.
HUNTER/ LO MOVED TO AUTHORIZE THE MAYOR TO WRITE A LETTER
TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION STATING THE
CITY'S PREFERENCE FOR THE "SPLIT" PLAN (ALTERNATIVE #2) WITH
AREA B MAINTAINING THE 408 AREA CODE IN THE WEST VALLEY
CITIES. MOTION FAILED 2 -2 -1 WITH PAGE AND MILLER OPPOSING AND
CAPPELLO ABSENT.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Howard Miller — reported:
Santa Clara County Cities Association — met and noted their annual General Meeting is on
Thursday, April 14 from 6:00 to 9:00 p.m. in the Sunnyvale Senior Center. All council
members are invited to this event.
Valley Transportation Authority PAC — met and there is an on -going effort to fund Caltrain;
ridership has increased and they are moving forward with their express lanes.
Vice Mayor Chuck Page — reported:
West Valley Sanitation District — met and they discussed the retirement of the Clerk of the
Board. They are also in the process of looking for someone to replace her.
Councilmember Jill Hunter — reported:
Historical Foundation — There will be a speaker at next Monday's meeting and the topic will
be on "Sara Winchester" and her life experience in San Jose and the Winchester Mystery
House.
Councilmember Emily Lo — reported:
Sister City Liaison — When Mayor Miller completes the letter to Sister City Muko Shi, Japan,
Emily will provide a copy of it to the Sister City members.
As the alternate to the Chamber of Commerce she reported the Persian New Year event was
held on Tuesday, March 15 The Chamber Mixer is at Montalvo on Thursday, March 17
from 5:30 to 7:00 p.m. The Chamber will begin delivering "welcome packages" (via
volunteers) to new residents starting in April.
Councilmember Manny Cappello — Absent
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CITY COUNCIL ITEMS
Councilmember Page announced the annual Peninsula Division dinner is at 6:00 p.m. on
March 24 at Michaels Restaurant in Mountain View.
In addition, he stated that several restaurant owners have voiced concerns regarding the lack
of parking at the west end of Big Basin and would like Council to consider revisiting parking
alternatives including the cost of City sponsored valet parking and sensor technology.
Councilmember Hunter seconded this suggestion as an agendized item for a future Council
meeting.
CITY MANAGER'S REPORT
None
ADJOURNMENT
There being no additional business, Mayor Miller asked for a motion to adjourn.
PAGE /LO MOVED TO ADJOURN THE REGULAR COUNCIL MEETING AT
10:50P.M AND TO RELOCATE TO THE ADMINISTRATIVE CONFERENCE
ROOM TO CONTINUE CLOSED SESSION DISCUSSION. MOTION PASSED 4 -0 -1
WITH COUNCILMEMBER CAPPELLO ABSENT.
MAYOR'S REPORT ON CLOSED SESSION
Mayor Miller stated there was no reportable information.
Respectfully submitted,
Ann Sullivan, CMC
City Clerk
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